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Off-Duty Cop Shooting


Trial Date Set In Off-Duty Cop Shooting

POSTED: 5:50 pm PST December 3, 2008
UPDATED: 5:51 pm PST December 3, 2008

A March 19 trial date was set Wednesday for a San Diego police officer who shot a woman and her 8-year-old son during an off-duty traffic dispute in Oceanside.

Franklin James White, 28, is accused in the March 15 shooting of Rachel Silva and her son, Johnny, in the parking lot of a Lowe's home improvement store.

In a hearing Wednesday before Vista Judge Timothy Casserly, White pleaded not guilty to a felony charge of gross negligent discharge of a firearm and a misdemeanor count of exhibiting a gun.

White -- who is on administrative leave without pay -- faces up to nine years in prison if convicted.

According to testimony at last month's preliminary hearing, Silva backed up her silver Honda and sideswiped White's black Mercury sedan in the Lowe's parking lot after a near collision on the road.

White then fired five rounds into Silva's vehicle, hitting her twice in the right arm and her son in the left leg.

Silva, who had a blood-alcohol level of 0.15 percent, had also used methamphetamine and marijuana, authorities said.

Silva, who pleaded guilty last month to felony child endangerment and a misdemeanor DUI, now faces up to four years in prison when she is sentenced on March 5.

Silva's attorney, Michael Pancer, said the sentencing was scheduled so authorities can see how well she responds to substance abuse treatment in a residential rehabilitation clinic.

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